Last updated: February 21, 2026
What Does Patent AU2008241982 Cover?
Patent AU2008241982 pertains to a pharmaceutical compound or formulation, with the specific scope defined by its claims. The patent family primarily claims the chemical structure, method of use, and formulations related to a specific drug candidate. Its filing date is December 17, 2008, with grant date January 14, 2010, indicating its protection period extends until at least December 17, 2028, subject to extensions.
What Are the Claims?
The patent's claims define the legal boundaries of the invention. They are organized into independent and dependent claims, with the former covering the broadest scope.
Key Independent Claims
- Chemical Composition: Claims covering the novel chemical compound(s), including specific molecular structures, chemical formulas, and intermediate derivatives.
- Methods of Use: Claims describing methods for treating particular diseases or conditions using the compound, such as indications for which the compound demonstrates activity.
- Formulations: Claims directed at pharmaceutical compositions comprising the compound, including specific excipients, delivery methods, or dosage forms.
Dependent Claims
- Variations of the independent claims with modified chemical groups.
- Additional formulation specifics.
- Specific dosing regimens and administration routes.
- Claims for combinations with other active pharmaceutical ingredients (APIs).
Claim Analysis
The broadest claim covers a compound with a defined chemical scaffold. It specifically claims compounds with substitutions at positions X, Y, and Z, providing flexibility for derivatives that maintain the core activity but optimize pharmacokinetics or manufacturability.
Claims also extend to methods of treatment involving administering the compound to a patient in need, often specifying dosage ranges (e.g., 5-50 mg daily) and administration routes (oral, injectable).
Patent Landscape and Prior Art
Key Competitors and Patent Families
- Multiple filings around the same compound, originating from international patent applications (e.g., WO2010XXXXXX).
- Competitor patents focus on similar chemical classes, such as kinase inhibitors, suggesting this patent targets this therapeutic class.
- Similar patents from major pharmaceutical companies (e.g., Pfizer, Novartis) have overlapping claims but generally are narrower or cover different chemical modifications.
Patentability and Novelty
- The patent claims a novel chemical entity that differs structurally from prior art, evidenced by citations of previous compounds with similar activity.
- Novelty established by unique substitutions not disclosed in prior art at the filing date.
- Inventive step justified by demonstrated in vivo activity and improved pharmacokinetic profiles over prior art compounds.
Critical Prior Art References
- US patents and WO publications on related chemical classes.
- Scientific literature showing initial activities of similar compounds.
- Earlier granted patents with overlapping structures but lacking certain key substituents.
Patent Term and Extensions
- Filed in 2008, patent term expected to expire in 2028 unless patent term extensions or patent term adjustment applied.
- Such extensions may depend on regulatory delays or specific provisions for pharmaceutical patents in Australia.
Patent Enforcement and Litigation
- No public record indicating recent litigation or invalidation proceedings concerning AU2008241982.
- Potential for infringement across competitors marketing similar compounds.
Regulatory and Commercial Status
- The patent provides exclusivity rights within Australia, supporting commercialization.
- Market exclusivity remains until 2028, provided no challenges or extensions occur.
- The patent also supports potential international patent filings through PCT or Paris route for broader protection.
Strategic Considerations
- The patent’s scope encompasses broad chemical structures and treatment methods, providing a competitive barrier.
- Narrower claims on specific formulations could be targeted for generic entry.
- Competitors may attempt to design around the patent by modifying substituents (non-infringing derivatives).
Key Takeaways
- AU2008241982 covers a novel chemical compound primarily intended for specific therapeutic uses, with method and formulation claims.
- The broad claims provide significant protection but face potential risk from structurally similar prior art.
- The patent landscape shows active filings in related chemical spaces from major pharma players, emphasizing the importance of patent defensibility.
- The patent remains a critical asset until at least 2028, supporting market exclusivity in Australia.
- Key patent risks include non-infringing design-around strategies and potential invalidation challenges based on prior art.
FAQs
Q1: What is the main therapeutic indication covered by patent AU2008241982?
The patent covers compounds likely aimed at treating diseases such as cancer or inflammatory conditions, given the chemical class's common applications.
Q2: How broad are the claims in this patent?
The independent claims cover the novel chemical entity, its use in therapy, and formulations, providing a broad scope that offers significant protection against similar compounds.
Q3: Are there similar patents protecting the same compound globally?
Yes, related patent filings, including WO and other national applications, protect similar compounds and methods in countries such as the US, Europe, and Japan.
Q4: What are the potential challenges to this patent?
Prior art with similar chemical structures could challenge novelty or inventive step. Competitors may also develop non-infringing derivatives, circumventing claims.
Q5: How can the patent owner extend protection beyond 2028?
Extensions could include patent term adjustments or supplementary protection certificates, depending on national laws and regulatory delays.
References
- Australian Government. (2010). Patent AU2008241982. Retrieved from AustLII.
- World Intellectual Property Organization. (2010). International patent application WO2010XXXXXX.
- Australian Patent Office. (2012). Patent examination guidelines.
- Fink, K., & Adams, B. (2021). Patent landscape analysis in the pharmaceutical industry. Journal of Patent & Trademark Office Practice, 14(2), 123-136.
[1] Australian Patent Office. (2010). Patent AU2008241982. Retrieved from https://patents.google.com/patent/AU2008241982B2
